S.D. Supreme Court to rule on Mitchell murder confession

Sep. 30, 2013

Maricela Diaz, 17, is led away Aug. 23, 2012, from a Hanson County courtroom in Alexandria after a pre-trial hearing. Diaz is charged as an adult in the 2009 slaying of Jasmine Guevara, 16, of Mitchell. / John Hult Argus Leader

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The South Dakota Supreme Court will hear three days of oral arguments at Black Hills State University in Spearfish starting today.

The arguments will be live-streamed at ujs.sd.gov.

Here are three highlights:

State vs. Diaz, 10 a.m. today: This case involves a murder confession from a Spanish-speaking teen. Alexander Salgado and Maricela Diaz each were charged with first-degree murder in 2009 in the death of 16-year-old Jasmine Guevara, whose body was found in the burned-out remains of her vehicle on a stretch of land in rural Hanson County. Diaz, who was 15 at the time, confessed to the killing after four hours of questioning. She was read her rights in English and Spanish, but she later moved to suppress the confession, saying she hadnít been fully aware of the implications of her decision to speak to law enforcement. A circuit court judge ruled in her favor, saying her statements were voluntary, but her decision to waive her Miranda rights was not knowing and intelligent.

The Supreme Court will be asked to decide whether Diazís statements ought to be admissible.

State vs. Toben, 11 a.m. Tuesday: This case is an appeal from a bar employee in Goodwin named Jason Toben, who sold synthetic marijuana to two agents with the Division of Criminal Investigation less than two weeks after a ban on the products went into effect last year. The DCI found banned substances in the synthetic products, but Toben argued he was unaware of the presence of those substances at the time of the sale, so he could not be guilty of knowingly possessing or selling a controlled substance. The jury was instructed that a person need not be aware of the unlawfulness of an action to be found guilty but asked for additional instructions and was denied them by the trial judge. Toben was found guilty.

The Supreme Court will be asked to decide whether the trial court offered incomplete instructions to the jury.

Gabriel vs. Bauman, 10 a.m. Wednesday: In this case, Areyman Gabriel argues that the circuit court erroneously ruled in favor of the Chester Volunteer Fire Department and a firefighter named Tim Bauman, who was speeding toward a fire and struck Gabrielís vehicle as it made a left turn. Gabriel argued that Bauman was driving too fast and was negligent in causing his injuries. He also sued the department, claiming it had failed to properly train Bauman or equip his vehicle. The court granted summary judgment in Baumanís favor, saying the firefighter had the right-of-way and that high speed alone doesnít constitute negligence.

The Supreme Court will be asked to decide whether speed alone can constitute willful, wanton or reckless conduct, and whether the fire department failed to set equipment standards in accordance with state law.